Chapter

Human Rights and People and Society

Aidan O’Neill

in Law Making and the Scottish Parliament

Published by Edinburgh University Press

Published in print February 2011 | ISBN: 9780748640195
Published online March 2012 | e-ISBN: 9780748651498 | DOI: http://dx.doi.org/10.3366/edinburgh/9780748640195.003.0018
Human Rights and People and Society

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Within Scotland there now exists two wholly discrete constitutional models in relation to the protection of the fundamental rights of the individual against the organs of government. The Human Rights Act regime, which applies to all public authorities within the United Kingdom, is based on the principle of the ultimate supremacy of the (United Kingdom) legislature. The Scotland Act provisions for the protection of fundamental rights rest, instead, on the idea of the primacy of the judges within the Scottish legal system over the Scottish Parliament and the Scottish government. This chapter discusses international (human rights) law and the Scottish constitution, the Scottish Parliament as a guardian of human rights, and the Scottish courts and the protection of constitutional rights.

Keywords: rights protection; Scots law; Human Rights Act; Scotland Act; international law; Scottish constitution; constitutional rights

Chapter.  11199 words. 

Subjects: History of Law

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